The Perfection Of Supervisory System To The Offshore Bank In China

With entering into WTO,every aspect of economy in our country is involved in the international society faster and faster.But offshore finance as the real international finance,especially the offshore bank as the most important part of offshore finance,has just been started in our country. Even between 1999 and 2002,it has been interrupted.For the reason,it is to the large extent because the huge risk in the offshore bank could not been effectively supervised.So,based on the nature and characteristics of the offshore bank,this article divided the supervision of offshore bank into two parts,including the market supervision and the confidentiality supervision,during analyzing the market risk and the negative influence that means the offshore bank could be used in the money-laundering, terrorism and other criminal activities.At the same time,we also realize that the supervision of offshore bank could not simply depend on the domestic system based on the particularity of the supervision of offshore bank.It needs the international cooperation,to guarantee the effectiveness of supervision,which could fundamentally realize the development of offshore bank stably,orderly.The article is divided into five parts,The first part expatiates the characteristics of the offshore bank and history,and preliminary analyses the market risk and the negative impact that the strict confidentiality in the offshore bank produces.The second part analyses the particularity in the supervision of the offshore bank. The third part expatiates the market supervision to the offshore bank. First,analyze the mode of the market supervision to the offshore bank in the world.Second,deliberate the concrete measures in market supervision to the offshore bank,including the access supervision and the operation supervision.Third,analyze the relationship between the international cooperation of the market supervision to the offshore bank and the application of the Basel system.The fourth part expatiates the confidentiality supervision to the offshore bank.First,analyze the confidentiality system to get a conclusion that the confidentiality of the offshore bank maybe abused.Second, elaborate the domestic system to the confidentiality supervision of the offshore bank,which is manifested mainly in the anti-money laundering information disclosure system,but also point out that the confidentiality supervision should be established in the base that the client privacy could be protected reasonable,the confidentiality supervision in our country could not only simply monitor the performance of the disclosure system to the offshore bank's client information.At last,analyze the present international cooperation in confidentiality supervision to the offshore bank and make the corresponding evaluation.In view of the existing problems and shortcomings in the international cooperation in confidentiality supervision,the bilateral cooperation should be more made use of and the guiding principles would have been provided.The fifth part analyzes and provides the proposals to improve the supervision to the offshore bank in our country.First,analyze the course of development of offshore bank in our country.Second,in accordance the specific condition,choose the market supervision mode to the offshore bank.At last,in response to the problems in the present supervision of our country's offshore bank,provide the corresponding proposals to improve our country's supervision measures to the offshore bank,including market supervision measures and confidentiality supervision measures.